Copyright Act Notes for Judiciary Preparation 2024:Complete Guide

Overview: If you aim for Delhi Judicial Services, Tamil Nadu Judiciary or any other state judiciary examination, where Copyright Act is a mandatory subject in prelims and mains then you should make Copyright Act Notes for Judiciary. Refer to this article to learn all the important sections, questions, and topics that you should cover in your preparation. 

You can use the link below to download the copyright act, 1957 notes PDF made by Judiciary gold faculties to support your preparation. Copyright offers fundamental safeguarding for writers' creative endeavors, serving to both preserve and incentivize creativity. Given that creativity is the cornerstone of progress, no democratic society can afford to overlook its essential duty to foster this vital element.

In this article we will cover:

• Overview of Copyright Act for Judiciary.
• Important Sections from Copyright Act.
• Copyright Act Notes for Judiciary
• How to make notes for your Judiciary preparation?
• Download free copyright act, 1957 notes PDF from Judiciary Gold.
• Previous Year Questions

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Overview of Copyright Act for Judiciary:

In Judiciary exams previously and in upcoming Judiciary exams the weightage of copyright act in the relevent states is approximately between 5-18%. Hence, you should not take copyright act lightly. Considering the fact that questions from the act are asked in prelims and mains together, therefore, only memorizing the concepts and learning the sections is not enough. You have to ensure that you know all the concepts thoroughly for both prelims and mains examination.

Copyright is a legal grant of exclusive rights for a specified duration to the creator of an intellectual work, safeguarding it against unauthorized duplication. Within copyright law, various actions are outlined as prohibited to discourage activities that would equate to replication. Copyright protection extends to works that originate from shared ideas, concepts, and thoughts but have been given a tangible form through one's intellectual creativity.

The economic and social advancement of a community hinges on creativity, and the protection of the contributions made by writers, artists, designers, dramatists, musicians, architects, sound recording producers, cinematographic filmmakers, and software developers through copyright fosters an environment conducive to creativity. This, in turn, encourages these creators to produce more, while inspiring others to embark on their own creative journeys.

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Copyright includes:

For literary, dramatic, or musical works:

• Reproducing the work in any tangible format, which encompasses electronic storage.
• Public performance or communication of the work.
• Creating cinematograph films or sound recordings based on the work.
• Generating translations or adaptations of the work, or any of the aforementioned acts concerning translations or adaptations.

For computer programs:

• Any of the aforementioned acts.
• Selling or commercially renting copies of the computer program.

For artistic works:

• Reproducing the work in any material form, including converting 2-D representations into 3-D or vice versa.
• Public communication of the work.
• Incorporating the work into cinematograph films.
• Making adaptations of the work or performing any of the aforementioned actions regarding adaptations.

For cinematograph films:

• Making copies of the film, including photographs of any images within the film.
• Selling or renting copies of the film.
• Communicating the film to the public.

For sound recordings:

• Creating sound recordings embodying it.
• Selling, renting, or offering copies of the sound recording.
• Public communication of the sound recording.

Hence, copyright in a work does not entail a solitary right but amalgamates multiple rights, including a prohibitory right. Broadly, these rights can be categorized as follows:

• The right of publication.
• Neighboring (related) rights.
• The right to prevent any alterations to the work that could harm the author's reputation.
• The right of authorship or the right of paternity.

Read about: How to Prepare for Judiciary Exams from Scratch

Download free notes from Judiciary Gold.

You must make Copyright Act Notes for Judiciary for yourself, covering all the important topics and sections. You can also download the copyright act, 1957 notes PDF given below by our Faculties and use it for quick and rapid revision. All the sections mentioned in this are important for you for judiciary because questions from these sections have been asked in mains or prelims examinations of different states.

Download FREE Copyright Act Short Notes PDF by Judiciary Gold

Important Sections from Copyright Act for Judiciary and other exams.

Before you start you preparation for Judiciary, you should know the important sections that you should focus on. However, knowing important sections does not mean that you do not read the complete act, whenyou start yourpreparation read and understand the entire act and then focus a bit more on the sections that are important, previously asked and have high chances of being asked in the upcoming judiciary exams. Make Copyright Act Notes for Judiciary while focussing on the important sections. Refer to the comprehensive list below and mark these sections in your act:

Section 2(c)

Section 2(h)

Section 2(o)

Section 2(p)

Section 2(f)

Section 2(xx)

Section 2(z)

Section 13

Section 14

Section 17-19A

Section 22

Section 23

Section 26 - 28

Section 31A-31D

Section 37

Section 38 A

Section 40-41

Section 51-53

Section 58

Section 65A-65B

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Copyright Act Notes for Judiciary

Introduction:

Copyright in India is governed by the Copyright Act, 1957, aligning it with international standards established in TRIPS. India maintains a Copyright office, board, and society to oversee copyright-related matters. Copyright registration is overseen by the "Registrar" within the Copyright office, a department falling under the HRD (Human Resource Development) ministry.

Disputes concerning copyrights are adjudicated by the Copyright board. Additionally, a copyright society, formed by authors and other rights holders, is a licensed collective administration entity under Section 33 of the Copyright Act, 1957. The society's registration necessitates a minimum of seven members. The Copyright Act has undergone six amendments to date, and the administrative functions are carried out by the registrar of copyright.

As per the Copyright Act of 1957, the term 'work' encompasses a wide array of creative expressions, including:

1. Visual arts like paintings, sculptures, sketches (encompassing diagrams, maps, schematics, and graphs), gravures, and photographs.
2. Architectural and artistic creations.
3. Dramatic productions.
4. Literary works, which include computer programs, charts, compilations, and digital databases.
5. Musical compositions, covering music and graphical elements.

These categories span a range of creative output, such as literary works like speeches and books, musical compositions as seen in cassettes, DVDs, and CDs (with copyrights varying among creators), dramatic pieces like plays and movies, choreographical works, graphic and cultural activities (for example, toys), and various other creative undertakings.

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Copyright Board:

The Copyright Board, established by the Central Government, is a quasi-judicial body formed in September 1958, with jurisdiction extending across the entirety of India. This board, a governmental entity, was instituted to undertake various judicial responsibilities in accordance with the Copyright Act.

The principal function of the Copyright Board is to resolve disputes linked to copyright registration, copyright transfer, the issuance of licenses for works removed from the public domain, unpublished Indian plays, the creation and dissemination of translations and plays for specific purposes, and other proceedings as outlined in the Copyright Act of 1957.

The composition of the board includEs a chairman and a maximum of 14 additional members. The chairman and members hold their positions for a five-year term, with the possibility of reappointment upon the expiration of their tenure.

The chairman of the Copyright Board must be an individual who is, or has been, a judge of a High Court or is eligible for such an appointment. However, specific qualifications for the board members are not stipulated by the law.

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The Copyright Board carries out several functions, which include:

1. Resolving disputes regarding the adequate public distribution of copies of literary, dramatic, or artistic works or records.
2. Resolving disputes concerning whether the copyright term for a work is shorter in another country than what is provided for in the Act.
3. Addressing disputes related to the assignment of copyright as outlined in Section 19A of the Act.
4. Granting compulsory licenses for Indian works that have been withheld from the public.
5. Granting compulsory licenses for the publication of unpublished Indian works.
6. Granting compulsory licenses for the production and publication of translations of literary and dramatic works.
7. Granting compulsory licenses for the reproduction and publication of literary, scientific, or artistic works for specific purposes.
8. Determining the royalties to be paid to the copyright owner.
9. Adjudicating objections raised by individuals regarding the fees charged by Performing Rights Societies.
10. Rectifying the Register, either upon the request of the Registrar of Copyright or on the application of any aggrieved person.

Powers of the Copyright Board:

The Copyright Board is vested with extensive powers, which encompass:

1. Authorization of the Copyright Board with the powers akin to a civil court as stipulated in Sections 345 and 346 of the Code of Criminal Procedure, 1973. Additionally, all proceedings of the Copyright Board are regarded as judicial proceedings, falling within the purview of Sections 193 and 228 of the Indian Penal Code, 1860.

2. The Copyright Board, acting under its civil court authority, can issue summonses and compel the presence of individuals for examination under oath. It may also require the discovery and production of documents, receive evidence through affidavits, issue commissions to examine witnesses and documents, and requisition public records or copies thereof from any court.

Specifically, the Copyright Board is empowered to:

1. Adjudicate appeals against decisions made b the Registrar of Copyright.

2. Consider applications for rectification of entries in the Register of Copyrights.

3. Resolve disputes pertaining to the assignment of copyright.

4. Grant compulsory licenses, particularly for the publication or republication of works under certain circumstances.

5. Issue compulsory licenses for the production and publication of translations of literary or dramatic works in any language after a seven-year period from the initial publication.

6. Hear and decide disputes regarding the publication status of a work, its date of publication, or the copyright term of a work in another country.

7. Establish royalty rates for sound recordings under the cover-version provision.

8. Determine the resale share right in original copies of paintings, sculptures, drawings, and original manuscripts of literary, dramatic, or musical works.

Copyright Societies:

A copyright society is a collective administration society with a license, formed by copyright owners. Membership requirements typically involve a minimum of seven members, and typically only one society is licensed to operate within the same working community. Copyright societies have the authority to issue licenses or confer copyright licenses for any works covered by copyright or for any other privileges granted by the Copyright Act. These societies are voluntary associations that help manage and administer copyrights.

Impact of the Copyright (Amendment) Act, 2012 on Copyright Societies:

Previously, the Copyright (Amendment) Act, 1994 introduced Section 33 to the Copyright Act, making it mandatory for only copyright societies to grant licenses or issue copyright licenses. However, the 2012 Amendment introduced Section 33(3A), which required any copyright society involved in the business of granting or issuing copyright licenses to re-register within 12 months from the date of the amendment. This means that any copyright society existing before the amendment must go through the re-registration process within the specified timeframe.

Key Sections Associated with Copyrights:

1. Section 2(o) - Defines "literary work," which encompasses various forms, including computer programs, tables, and compilations (including databases).

2. Section 2(p) - Defines "musical work" and includes graphical notation, with emphasis on the requirement that only original works are copyrightable.

3. Section 2(c) - Covers "artistic works," such as paintings, sculptures, drawings, engravings, maps, and architecture. It emphasizes originality over artistic quality and even extends to artistic craftsmanship.

4. Section 2(h) - Addresses "dramatic works," including recitation, choreographic work, and entertainment in dumb show, with a requirement for fixation in writing.

5. Section 13 - Defines the subject matter of copyright and its jurisdiction over original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings.

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Copyright Rights:

Under the Copyright Act, rights include economic rights, moral rights, and neighboring rights. Economic rights are detailed in Section 14 and encompass various exclusive rights, including reproduction, distribution, performance, adaptation, and more. Moral rights are covered in Section 57, and neighboring rights are addressed in Sections 37A and 37B.

Moral Rights under Section 57:

Moral rights exclusively belong to the author, in contrast to economic rights, which are owned by the copyright holder. These moral rights are unique and non-transferable, remaining the sole prerogative of the author. Derived from the BERN Convention, these rights are exceptional because they persist independently of the author's copyright and endure even after the copyright term expires.

Moral rights encompass two distinct categories:

1. The Right to Paternity: This right grants the author ownership independent of the copyright and allows them to assert their authorship. It endows the author with the authority to claim ownership regardless of the copyright.

2. The Right to Integrity: Under this right, the author has the power to restrain or seek damages for any distortion, mutilation, modification, or other alterations to their work. If these actions compromise the honor and reputation of the author, they can invoke the right to maintain the integrity of their work. Importantly, these rights can be exercised by the legal representative of the author, a distinction from economic rights where no such provision exists. If, at any point, the work fails to meet the author's satisfaction, it is not deemed a copyright infringement.

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Other Key Sections and Provisions:

1. Section 22: Governs the duration of copyright for published literary, artistic, dramatic, and musical works. Copyright endures until 60 years after the author's death, commencing from the beginning of the calendar year following the author's demise.

2. Author's Definition (Section 2(d)): Specifies who qualifies as an "author" under the Copyrights Act, 1957, depending on the type of work. For example, the author is the individual holding the ultimate authority in literary or dramatic works, or the composer in the case of musical works. For artistic works like photographs, the person who captures the image is considered the author. In situations involving computer-generated literary, dramatic, musical, or artistic works, the creator of the work is deemed the author. In the case of cinematograph films or sound recordings, the producer is recognized as the author.

3. Joint Authorship (Section 2(z)): Refers to a collaborative effort involving two or more authors, where one author's contribution is not distinctly separable from the others.

4. First Owner of Copyright (Section 17): Establishes the author as the initial copyright owner, with certain exceptions, primarily within the context of employment contracts where vicarious liability comes into play. The authorship changes when the employment contract is involved, shifting ownership to the employer. However, in the case of a contract for service, the author retains ownership of the work. Section 17 provides provisions for the first owner of copyright.

5. Term of Copyright for Various Works (Sections 22, 23, 24, 26, and 27): Defines the duration of copyright for published and unpublished works, posthumous works, cinematographic works, sound recordings, and government works, each with specific terms based on the type of work.

6. Government's Power to Extend Copyright for Foreign Works (Section 40): Grants discretionary authority to the central government to extend the copyright term for foreign works.

7. Rights of Certain International Organizations (Section 41): Specifies rights for international organizations to obtain copyright terms for their works.

8. Performer's Rights (Section 38 and Section 38A): Cover neighboring rights and exclusive performer's rights, with a copyright term of 50 years for performers.

9. Broadcasting Rights (Section 2(d) and Section 37): Encompasses the rights for broadcasting organizations, which include rebroadcasting. This category also covers the rebroadcasting of works, allowing for various forms of broadcasting, with a term of 25 years.

10. Rights Under Section 37 for Broadcasting Organizations: These rights include re-broadcasting, charging fees for public performances, making sound or visual recordings of broadcasts, commercial rentals, and creating recordings where no initial license was granted or for purposes not envisaged in the license.

11. General Defense for Non-Infringing Acts (Section 39): Provides protection for acts that do not infringe on broadcasting reproduction rights or performer's rights. This section should be read in conjunction with Section 51 and applies to cases like news reporting, fair dealing, and bona fide use, including critique and review.

12. License and Assignment: Differentiates between licenses and assignments, with licenses allowing adaptation and translations, while assignments entail the transfer of ownership over a copyrighted work. Ownership changes in the case of an assignment, and royalties are paid to the author by the assignee. Licenses can be statutory or compulsory.

13. Statutory License and Assignment (Sections 18 and 19A): Discusses the modes of assignment, specifying that the assignment must be in writing and include terms related to royalties or considerations. The assignment period typically lasts five years, with the initial term being five years.

14. Voluntary License (Section 30): Regulates voluntary licenses, allowing copyright holders to grant licenses to third parties for the use of copyrighted works.

15. Compulsory License: Authorizes the issuance of compulsory licenses for copyrighted works during the copyright term, provided the work has been published or publicly performed, and the copyright holder.

Section 31 covers Compulsory Licenses for works withheld from the public.

Sections 31C and 31D

Sections 31C and 31D pertain to statutory licenses, while Sections 31A and 31B address Compulsory Licenses. For statutory licenses (Section 31C and 31D), the application must be submitted and signed by the application board. Statutory licenses are granted for four categories of works: cover versions, musical, literary, and the broadcasting of sound recordings. This primarily pertains to broadcasting literary and sound recording works.

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Section 31A deals with licenses for cover versions of songs, which is the third stage of the statutory license. A cover version always consists of the original song, and there are three essential steps for obtaining a license for cover versions:

1. A notice of intention must be sent to the owner/author.
2. Assurances regarding sending advance copies of the work, including labels, are required.
3. Royalties must be determined and paid.

It is crucial that the cover version artist does not mislead anyone about the original song or make any changes to the lyrics or graphical notation. Additionally, cover versions cannot be created within five years of the original work's production. The cover version artist must produce a minimum of 50 thousand copies and maintain proper accounting records.

Section 31D deals with statutory licenses for the broadcasting of literary, musical, dramatic works, and sound recordings. This provision was introduced after the 2012 amendment. It follows the same steps as Section 31C. During the broadcast, the name of the author/principal must be displayed. The work should already be published, and no other alterations to the work should be made except for technical requirements.

Infringement of Copyright:

Copyright infringement involves the unauthorized use of copyrighted works without the owner's consent. It can occur when one party deliberately or inadvertently copies or uses another's work without proper attribution. Infringement is typically categorized as primary or secondary infringement, depending on the nature of the infringement and the rights violated.

1. Primary Infringement (Section 51(a) (i)): Involves the violation of the exclusive rights conferred upon the author/owner, such as the reproduction of a work (e.g., copying a book).

2. Secondary Infringement (Section 51(b) and Section 51(a) (ii)): Relates to the indirect infringement of copyrighted work, often facilitating primary infringement.

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Section 52 provides defenses and exceptions regarding copyright infringement.

• Section 52(a): States that fair dealing acts do not constitute copyright infringement. These include personal or private use, research, criticism, and reporting of current affairs, with the exception of computer programs.

• Section 52(aa), 52(ab), 52(ac), 52(ad): Offer specific exceptions for computer programs, addressing lawful possession, permission to use, making backup copies, inter-operability, reverse engineering, and copying for non-commercial personal use.

• Section 52(d), (e), and (f): Provide exceptions related to judicial proceedings, legislative purposes, and certified copies in compliance with the law.

• Section 52(g) to 52(m): Cover various exceptions relatd to public performance, such as the use of poetry excerpts in speeches, fair usage guidelines, questions and answers for educational purposes, events at academic institutions, and the creation of references for stage performances.

• Section 52(n), 52 (o), and 52(p): Address exceptions related to media storage in libraries for non-commercial public use, including personal and public access to copyrighted works, with restrictions on the number of copies.

• Section 52(s, t, u, v, w, x): Include exceptions related to artistic works, architectural drawings, the reproduction of industrial designs, and changes from 2D to 3D and vice versa, exclusively for industrial applications.

• Section 52(zb): Provides an exception for bona fide religious ceremonies conducted by the Central or State Government.

These exceptions serve to protect certain uses of copyrighted works in various contexts, such as education, libraries, and cultural and religious ceremonies. They ensure a balance between copyright protection and the broader public interest.

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Previous Year Questions

Q 1) Broadcast Reproduction Right was introduced through the Copyright (Amendment) Act, ______.

1. 1992
2. 2012
3. 1994
4. 2015

Q 2) As per Indian Copyright Law, Fair use does not mean_____.

1. Use for research
2. Use for review
3. Use for non-commercial purposes
4. Use for commercial purposes

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Q 3) What is the punishment for infringement of Copyright?

1. Imprisonment for 6 months to 3 years and fine of Rs.50,000/- to Rs. 2 lacs
2. Imprisonment for 3 months to 3 years and fine of Rs.10,000/- to Rs. 3 lacs
3. Imprisonment for 1 month to 5 years and fine of Rs.20,000/- to Rs. 10 lacs.
4. Imprisonment for 4 months to 2 years and fine of Rs.25,000/- to Rs. 5 lacs.

Q 4) Which Section of the Copyright Act contains the powers of the Police to seize infringing copies?

1. Section 32
2. Section 64
3. Section 40
4. Section 58

Q 5) Copyright does not grant protection for : ____.

1. Anonymous work
2. Pseudonymous work
3. Reproduced work
4. Jointly owned work

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How to make notes for your Judiciary preparation?

Creating your own Copyright Protection Act Notes can be a helpful way to understand and retain important information. Here's a step-by-step guide on how to make your own notes:

1. Start with reading the Bare Act and highlight the important sections as per your understanding.
2. Pick previous year question papers and mark all the sections that have been asked previously once or multiple time. You also have to highlight the sections mentioned above and in the short notes document.
3. Read and understand all the sections and try putting them into small pointers.
4. Write down those pointer and support these sections with case laws and illustrations.
5. Reach out to your teachers and mentors when you feel that you have a confusion.

Conclusion:

Copyright Protection Act is an important subject for many state judiciary examination and hence you must make your own copyright act short notes for quick revision in the last few days of your preparation. Do not just rely on reference books becuase the content given is vast for you to cover in the last few days. There are the important key take aways from this article:

• Download the copyright act, 1957 notes PDF from Judiciary Gold to get a deeper understanding of important sections.
• Make your own notes if needed, do not study from reference books as they have a lot of content to cover.
• prepare for prelims and mains together.
• Practice answer writing for mains examination.
• focus on getting conteptual clarity because this will help you in scoring better in prelims and mains both.
• lastly do not worry much, believe in yourself and prepare with confidence for judiciary examinations.

All the best aspirants.